Bill C-36

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First Reading

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Preliminary inquiry if two or more accused	(4.1) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them.
Procedure if accused elects trial by judge - Nunavut	(4.2) Where no request for a preliminary inquiry is made under subsection (3),
	(a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or
	(b) if the accused is before a judge, the judge shall
	(i) if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or
	(ii) if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial.
Jurisdic- tion - Nunavut	(5) If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purpose of subsection (3) .
	14. The Act is amended by adding the following after section 536.1:
Elections and re-elections in writing	536.2 An election or a re-election by an accused in respect of a mode of trial may be made by submission of a document in writing without the personal appearance of the accused.
	Procedures before Preliminary Inquiry
Statement of issues and witnesses	536.3 If a request for a preliminary inquiry is made, the prosecutor or, if the request was made by the accused, counsel for the accused shall, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, provide the court and the other party with a statement that identifies
	(a) the issues on which the requesting party wants evidence to be given at the inquiry; and
	(b) the witnesses that the requesting party wants to hear at the inquiry.
Order for hearing	536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice's own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to
	(a) assist the parties to identify the issues on which evidence will be given at the inquiry;
	(b) assist the parties to identify the witnesses to be heard at the inquiry, taking into account the witnesses' needs and circumstances; and
	(c) encourage the parties to consider any other matters that would promote a fair and expeditious inquiry.
Agreement to be recorded	(2) When the hearing is completed, the justice shall record any admissions of fact agreed to by the parties and any agreement reached by the parties.
Agreement to limit scope of preliminary inquiry	536.5 Whether or not a hearing is held under section 536.4 in respect of a preliminary inquiry, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be.
	15. (1) Paragraph 537(1)(i) of the Act is replaced by the following:
	(i) regulate the course of the inquiry in any way that appears to the justice to be consistent with this Act and, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5;
	(2) Subsection 537(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (j) and by adding the following after that paragraph:
	(j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and
	(3) Section 537 of the Act is amended by adding the following after subsection (1):
Inappropriate questioning	(1.1) A justice acting under this Part shall order the immediate cessation of any part of an examination or cross-examination of a witness that is, in the opinion of the justice, abusive, too repetitive or otherwise inappropriate.
	16. (1) Paragraph 540(1)(a) of the Act is replaced by the following:
	(a) take the evidence under oath of the witnesses called on the part of the prosecution and allow the accused or counsel for the accused to cross-examine them; and
	(2) Section 540 of the Act is amended by adding the following after subsection (6):
Evidence	(7) A justice acting under this Part may receive as evidence any information that would not otherwise be admissible but that the justice considers credible or trustworthy in the circumstances of the case, including a statement that is made by a witness in writing or otherwise recorded.
Notice of intention to tender	(8) Unless the justice orders otherwise, no information may be received as evidence under subsection (7) unless the party has given to each of the other parties reasonable notice of his or her intention to tender it, together with a copy of the statement, if any, referred to in that subsection.
Appearance for examination	(9) The justice shall, on application of a party, require any person whom the justice considers appropriate to appear for examination or cross-examination with respect to information intended to be tendered as evidence under subsection (7).
R.S., c. 27 (1st Supp.), s. 101(3) (Sch. II, s. 3)	17. Subsection 549(2) of the Act is replaced by the following:
Limited preliminary inquiry	(1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.
Procedure	(2) Where an accused is ordered to stand trial under this section , the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548.
1999, c. 3, s. 38	18. Subsection 554(2) of the Act is replaced by the following:
Nunavut	(2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469 and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury.
R.S., c. 27 (1st Supp.), s. 106	19. Paragraph 555(3)(a) of the Act is replaced by the following:
	(a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to his or her election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if the provincial court judge orders the accused to stand trial, he or she shall endorse on the information a record of the election ; and
1999, c. 3, s. 39	20. Subsections 555.1(3) and (4) of the Act are replaced by the following:
Continuation as preliminary inquiry - Nunavut	(3) A judge shall continue the proceedings as a preliminary inquiry under Part XVIII if the accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and requests a preliminary inquiry under subsection 536.1(3) or elects to be tried by a court composed of a judge and jury or does not elect when put to the election.
Continuing procee- dings - Nunavut	(4) If an accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3) , the judge shall endorse on the information a record of the election and continue with the trial.
R.S., c. 27 (1st Supp.), s. 107	21. (1) Paragraph 556(2)(b) of the Act is replaced by the following:
	(b) shall, if the charge is not one over which he or she has absolute jurisdiction, fix the date for the trial or the date on which the accused corporation must appear in the trial court to have that date fixed.
1999, c. 3, s. 40(2)	(2) Subsection 556(3) of the Act is replaced by the following:
Preliminary inquiry not requested	(3) If an accused corporation appears and a preliminary inquiry is not requested under subsection 536(4) , the provincial court judge shall fix the date for the trial or the date on which the corporation must appear in the trial court to have that date fixed.
Preliminary inquiry not requested - Nunavut	(4) If an accused corporation appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the corporation must appear in the trial court to have that date fixed.
1999, c. 3, s. 41	22. Section 557 of the Act is replaced by the following:
Taking evidence	557. If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused must be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9) , relating to preliminary inquiries.
1999, c. 3, s. 42	23. The portion of subsection 560(1) of the Act before paragraph (a) is replaced by the following:
Duty of judge	560. (1) If an accused elects, under section 536 or 536.1, to be tried by a judge without a jury, a judge having jurisdiction shall,
R.S., c. 27 (1st Supp.), s. 110	24. Subsection 561(2) of the Act is replaced by the following:
Right to re-elect	(2) An accused who elects to be tried by a provincial court judge or who does not request a preliminary inquiry under subsection 536(4) may, not later than 14 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.
1999, c. 3, s. 43	25. (1) Subsections 561.1(1) to (3) of the Act are replaced by the following:
Right to re-elect with consent - Nunavut	561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor.
Right to re-elect before trial - Nunavut	(2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by any other mode of trial at any time up to 14 days before the day first appointed for the trial.
Right to re-elect at preliminary inquiry - Nunavut	(3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 15th day after its completion.
1999, c. 3, s. 43	(2) Subsections 561.1(5) to (7) of the Act are replaced by the following:
Notice at preliminary inquiry - Nunavut	(5) If at a preliminary inquiry an accused wishes to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not wish to request a preliminary inquiry under subsection 536.1(3) , the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused's intention to re-elect and send to the judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice of the peace.
Notice when no preliminary inquiry or preliminary inquiry completed - Nunavut	(6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3) or who has had one wishes to re-elect under this section, the accused shall give notice in writing of the wish to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.
1999, c. 3, s. 44	26. Subsections 562.1(1) and (2) of the Act are replaced by the following:
Proceedings following re-election - Nunavut	562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3) , the judge shall proceed with the trial or appoint a time and place for the trial.
Proceedings following re-election - Nunavut	(2) If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by a judge without a jury or by a court composed of a judge and jury, and requests a preliminary inquiry under subsection 536.1(3) , the justice of the peace or judge shall proceed with the preliminary inquiry.
1999, c. 3, s. 45	27. The portion of subsection 563.1(1) of the Act before paragraph (a) is replaced by the following:
Proceedings on re-election to be tried by judge without jury - Nunavut	563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3) ,
R.S., c. 27 (1st Supp.), s. 111	28. Subsection 565(2) of the Act is replaced by the following:
When direct indictment preferred	(2) Where an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused is , for the purposes of the provisions of this Part relating to election and re-election, deemed both to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3) and may, with the written consent of the prosecutor, re-elect to be tried by a judge without a jury without a preliminary inquiry .
1999, c. 3, s. 47	29. Subsections 566.1(1) and (2) of the Act are replaced by the following:
Indictment - Nunavut	566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence mentioned in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3), must be on an indictment in writing setting out the offence with which the accused is charged.
Preferring indictment - Nunavut	(2) If an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and one of the parties requests a preliminary inquiry under subsection 536.1(3) , an indictment in Form 4 may be preferred.
R.S., c. 27 (1st Supp), s. 111; 1999, c. 3, s. 48	30. Sections 567 to 568 of the Act are replaced by the following:
Mode of trial when two or more accused	567. Despite any other provision of this Part, if two or more persons are jointly charged in an information , unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury.
Mode of trial if two or more accused - Nunavut	567.1 (1) Despite any other provision of this Part, if two or more persons are jointly charged in an information , unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury.
Application to Nunavut	(2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.
Attorney General may require trial by jury	568. Even if an accused elects under section 536 or re-elects under section 561 to be tried by a judge or provincial court judge, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536(4) , unless one has already been held.
1999, c. 3, s. 49	31. Subsection 569(1) of the Act is replaced by the following:
Attorney General may require trial by jury - Nunavut	569. (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3) , unless one has already been held.
R.S., c. 27, (1st Supp.), s. 113	32. Section 574 of the Act is replaced by the following:

Bill C-36

Procedures before Preliminary Inquiry